Paragraph 70 Prior approvalsI1
England and Wales
The SRN works must not commence until—
a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways (acting reasonably);
the programme of works has been approved by National Highways (acting reasonably);
the detailed design of the SRN works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways (acting reasonably)—
the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);
details of the proposed road space bookings;
the identity and suitability of the contractor and nominated persons;
a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker;
information demonstrating that the process undertaken by the undertaker in relation to the SRN works has been adhered to in accordance with DMRB GG142 – Designing for walking, cycling and horse riding;
a scheme of traffic management has been submitted by the undertaker and approved by National Highways, such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;
stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above;
National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;
the undertaker has agreed the estimate of the commuted sum with National Highways;
the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the SRN works (which may include winter maintenance if relevant) has been agreed in writing by National Highways;
the undertaker has procured to National Highways collateral warranties in a form approved by National Highways (acting reasonably) from the contractor and designer of the SRN works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill, care and diligence in designing and constructing the SRN works, including in the selection of materials, goods, equipment and plant; and
a condition survey and regime of monitoring of any National Highways assets or structures that National Highways reasonably considers will be affected by the SRN works, has been agreed in writing by National Highways.
The cable works must not commence until—
the detailed design of the cable works including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification, has been submitted to and approved by National Highways; and
a condition survey and regime of monitoring of any National Highways assets or structures that National Highways reasonably considers will be affected by the SRN works, has been agreed in writing by National Highways.
National Highways must prior to the commencement of the cable works and SRN works inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraph (1).
Any approval of National Highways required under this paragraph—
must not be unreasonably withheld;
must be given in writing;
will be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or where further particulars are requested by National Highways, within 2 months of receipt of the information to which the request for further particulars relates; and
may be subject to any conditions as National Highways acting reasonably considers necessary.
Any change to the identity of the contractor and/or designer of the SRN works will be notified to National Highways immediately and details of their suitability to deliver the SRN works will be provided on request along with collateral warranties in a form agreed by National Highways.
Any change to the detailed design of the SRN works must be approved by National Highways in accordance with paragraph 70(1) of this Part of this Schedule.
Annotations
Commencement
- I1
Sch. 9 para. 70 in force at 8.1.2026, see art. 1